Being Sued

[Anonymous]

---

@oneofayykind wrote:
Thank you for your response. It is def. within SoL I have only had the account a year and its only been charged off for I would guess 8 months.

**bleep**. That was *quick*! Who is it, if you don't mind my asking?

I lost my job right after I got the card and had to use it to keep up with other bills. Unfortunately I neglected to pay and it has led me to here. I was able to finally get through to them about an hour ago. I negotiated the fees off and just had to pay the balance owed when the file was transferred to them. I didn't ask about paying for delete or anything else.

Well, for one thing, if the OC is reporting, any deal to delete you make with the CA/attys wouldn't apply to the OC.

Plus, you don't (unfortunately) have any leverage. 

Also I was told that after 21 days I could call back and request a receipt of payment and they also said I did not need to respond to the court document.

Bull-hockey. You still MUST respond to the summons. No question on that. You're dealing with the courts now, not just the plaintiff. You HAVE to respond. If you don't, you leave it open for the plaintiff to still obtain a default judgment.

BTW, you also STILL have to APPEAR. Unless the court gets back to you and says "One, you don't have to come and see us" you gotta go. (BTW, the court would never say that)

I assume I should probably respond anyway but what do I send to them as proof of payment?

If you used a check, wait until the check clears the bank and send a photocopy of the cleared check. If a CC payment, print out a receipt for the CC payment through your bank or credit card company.

It won't hold up in court (since it probably has no actual details), but it's still something to send -- sort of like a placeholder. Answering a summons is like flirting on the phone before a date (but more serious and poorly dressed, of course) -- it doesn't really, REALLY mean a damned thing until you meet in person. THAT'S when you bring the actual receipt. 

I'd even establish a fax number they can fax the receipt to rather than depending on snail mail. 

I only have 35 days to respond starting on Feb 5th. I dont want to just wait and hope that I dont get a judgement filed on me so I want to respond to the court telling them I have paid it and I assume I need to give them proof?

---

Like I said, this is a formality. No matter what your response says, you still MUST appear in court. That's when you'll bring the receipt. In fact, you don't even HAVE to send them a preliminary receipt at this point. No one will even look at it. It will just get stapled to your response and plunked in a file -- which will be nominally looked at at the hearing.

Just answer stating that "As of XX/2009" XYZ debt was paid (or settled -- which is how it sounds) in the amount of $XXXX. "

[Anonymous]

---

@oneofayykind wrote:
I have already paid them via check over the phone. Why would I have to pay in full again?

You don't have to pay it again -- it's possible that your reply and the other poster's reply crossed in the ethernet.

I really dont want to show up in court and take a day off from work which is why I paid this off today. I know I'm bitching about my own responsibilities but you figure if you pay something that it should be taken care of. This sucks.

---

NO, you STILL have to appear. That's for your protection, trust me. Too many people here paid a debt and didn't think they had to appear (since they paid it) -- only to end up with a judgment on their CRs.

Bottom line: It's not until the hearing's OVER will the court know diddly-squat. And you WANT them to know you paid it -- and you're the ONLY one who's gonna be trustworthy enough to tell the courts that.

Go. Appear!

[oneofayykind]

Ok I will appear. Since they took a settlement and I have nothing in writing I assume I can bring a copy of the check I used and tell the courts they accepted that amount? I dont mind appearing in court if need be I can do that part.

On the court document I received it says there are one or more things you can do...

The second thing it says is 2. Resolve the dispute. You may wish to contact the plaintiff's lawyer, or the plaintiff if the plaintiff does not have a lawyer, to resolve this dispute. You do not have to do this unless you want to. This may avoid the entry of a judgment and the plaintiff may agree to accept payment arrangements, which is something that cannot be forced by the court. Negotiating with the plaintiff or the plaintiff's attorney will not stop the 35-day period for filing an answer unless a written agreement is reached and filed with the court.

Could I call this law office back in a week once the check has cleared and make sure they have filed with the court that it has been taken care of? Then contact the court by phone and make sure?